Objections

= = = = = RULES OF EVIDENCE – A STUDENT GUIDE = = 1. No leading questions on direct examination. This means that on direct examination, you may not ask questions that suggest the answer the examiner wants to hear. = = 2. Evidence about the character of a party may not be given unless that person’s character is an issue in the case. = = Examples: 􏰀 The defendant is charged with armed robbery. A witness may not testify = = that the defendant has been unfaithful to his wife. The issue here is whether or not the defendant robbed someone, not whether the defendant is a good person. = = 􏰀 Mary sues Joe for divorce on the grounds of adultery. A witness may testify that she knows Joe was unfaithful. = = 3. Attorneys may help their witnesses remember. This is called refreshing the recollection of the witness. = = Example: 􏰀 A witness sees a purse-snatching, offers to testify at the trial, and gives a = = statement of events to the lawyer. At the trial, the witness has trouble remembering the events he or she saw. The attorney can help the witness remember by showing the statement to the witness. (NOTE: The attorney must first mark and identify the statement and show the other side a copy. However, it need not be actually introduced into evidence, i.e. become a part of the trial record.) = = 4. Cross examination may cover the subject matter of the direct examination, matters affecting the credibility of the witness and additional matters, otherwise admissible, that were not covered on direct examination. = = 5. The attorney may make the other side’s witnesses look like they should not be believed. This is called impeaching the witness. = = Ways to impeach the other side’s witness – the attorney asks the witness about: 􏰀 Prior bad acts of the witness that show he or she cannot be believed; 􏰀 Past criminal convictions of the witness, if within the past ten years for a felony or a crime involving moral turpitude, and the court determines that the value of this evidence outweighs its prejudicial affect; 􏰀 A prior statement of the witness which is different from (contradicts) his or her testimony at the trial; 􏰀 Bias or prejudice of the witness (i.e., the witness has reason to favor or disfavor one side); or 􏰀 The witness’ ability to see, hear, smell, or remember accurately (i.e., thewitness’ perceptions). = = 6. Statements which are made out of court and which are offered to prove the truth of the contents of the statement are HEARSAY statements. They are generally inadmissible as evidence. = = Example: 􏰀 Joe is being tried for murdering Henry. The witness may not testify, = = “Ellen was there. Ellen told me that Joe killed Henry.” The underlined statement is hearsay and may not be used. = = __ Exceptions to the Hearsay Rule__: Although hearsay is not usually allowed at a trial, a judge may permit it if: = = 1. the statement (called an admission against interest) was made by a party in the case and it contains evidence which goes against his or her side (e.g., in a murder case, the defendant told someone that he or she committed the murder.); = = 2. the statement describes the then-existing state of mind of a person in the case, and that the person’s state of mind is an important part of the case; = = 3. the statement is a regularly-kept record of a business or other association, recorded by someone with personal knowledge near the time the matters recorded occurred, or, = = 4. the statement is a present sense impression, describing an event or condition while the witness was perceiving it, or immediately afterwards. = = Examples: 􏰀 Joe is being tried for murdering Henry. The witness may testify, “Joe told me that he killed Henry.” 􏰀 In the same case, the witness may testify, “I once heard Joe say, I’m going to get even with Henry if it’s the last thing I do.” 􏰀 In the same case, an accounts receivable ledger is kept by Henry, Joe’s wholesaler, is admissible to show the size of Joe’s debts to Henry. 􏰀 In the same case, an eyewitness to the murder may testify, “I heard Joe say, ‘Oh! I’ve killed him.” = = 7. Witnesses may not give opinions, except for “opinions” as to what they personally saw or heard. = = Example: 􏰀 The witness may say, “Roy staggered, slurred his speech, and smelled of alcohol.” The witness may not add, “Roy was incapable of driving a car.” = = Exception to the rule = = 􏰀 An expert may give an opinion if he or she first testifies that he or she is an expert. For instance, a psychiatrist may say, “Roy has a severe eating problem” after the attorney has qualified the witness as an expert in eating disorders. = = 8. Witnesses may not testify about something of which they have no personal knowledge. = = Example = = 􏰀 The witness works with the defendant but has never been to the defendant’s home or seen the defendant with his or her children. The witness cannot testify that the defendant is a bad parent. = = 9. Only relevant evidence may be presented. Relevant evidence is any evidence that helps to prove or disprove the facts in issue in the case. = = Example = = 􏰀 The defendant is charged with running a red light. Evidence that the defendant owns a dog is not relevant and may not be presented. = = NOTE: Evidence which is relevant, but which is unfairly prejudicial, confusing to the jury, or wastes time, may sometimes be excluded. = = Example = = 􏰀 In an auto accident, both sides agree that the defendant was driving the red Ford that hit the plaintiff. Evidence about the color of the defendant’s car is relevant, but will be excluded because it is a waste of time if the parties have already agreed that the defendant was driving the car in question. = = 10. Physical evidence may be introduced. Steps that an attorney must follow: = = a. Ask the presiding judge to mark it for identification; b. Show it to the opposing counsel; c. Show it to the witness and ask him or her to explain what it is; d. Offer it into evidence (ask the judge to admit it); and, e. Get a ruling from the judge on whether it may be admitted into evidence. = = = = =